§ 602a.23. Refusal to certify; removal from certification.
(a) Generally. The Office of Administration is not required to certify, and may otherwise remove from a certified eligible list, an eligible who lacks the minimum qualifications for employment in the relevant job classification or, where applicable, the selective criteria required for appointment or promotion to the specific position to which the eligible applied. The Office of Administration may refuse to certify, or may otherwise remove from a certified eligible list, for a period of time as determined by the Office of Administration, an eligible who has had any of the following occur:
(1) The eligible has been convicted of, or has pled guilty to, a crime, including a plea of nolo contendere, or has otherwise engaged in conduct that renders the eligible unfit or unsuitable for the position sought.
(2) The eligible has been terminated from employment for incompetency or misconduct that renders the eligible unfit or unsuitable for the position sought.
(3) The eligible has made a false statement, or omitted a material fact, or engaged in, or attempted to engage in, deception or fraud in application, examination, securing eligibility, or seeking appointment or promotion.
(4) The eligible lacks professionalism, honesty, trustworthiness and dependability.
(5) The eligible does not meet qualifications required by Federal or State law or regulation.
(6) The eligible has been properly rejected three times by an appointing authority in favor of others on the same eligible list.
(7) The applicant has voluntarily waived their right to apply for, or accept, employment in the classified service under a settlement agreement.
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